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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Tomlin order/CCJ set aside


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Background/Issues:

 

Long story cut short, I signed Tomlin order (TO) in 2007 to pay Northern Rock (NRAM) £200 a month. I lost my job and my wife stopped the direct debit without tell me (truth be told it would have failed anyway).

 

I tried to contact NRAM but they have a 0845 number and I didn't have the money to call them (sad but true).

 

Missed about 3 payments and NRAM got judgement for balance based on a term in the schedule that they could get judgement and enforce etc. NRAM have interim charging order set to be made final @ hearing in April.

 

Tomlin.jpg

 

 

 

Started working again and have a 15 min hearing to set aside CCJ/TO in May, my argument is based on the infamous default notice/termination issue.

 

I am under no illusions as my research has shown that it seems impossible to have a court set aside a TO but nothing ventured nothing gained.

 

My Contention:

 

Default notice

 

It is an established fact that an invalid default notice stops a lender from taking certain actions in McGuffick –v- The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm) the court confirmed that obtaining judgement is against a debtor is enforcement as well as demanding early repayment or terminating the agreement.

 

Tomlin order

 

My argument here is that the compromise was based on a mutual mistake of fact/law – We only entered the agreement because we thought that NRAM was entitled to demand early repayment and terminate the agreement.

 

“For a common mistake of fact or law to vitiate a contract of any kind, it must render the performance of the contract impossible” (The Great Peace [2002] EWCA Civ 14.)

 

Questions:

 

1. Does the bad notice/termination stop the court from applying the term of the TO shown above i.e. that is giving judgment and charging order.

 

2. Bad default notices can be made good but in my case that would negate the TO and also the CCJ?

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